An exceptional case with a result that is even more so. A group of 16 young people, from five to 22 years old, dared to denounce the state of Montana and the power of the oil lobby.
They alleged that their constitutional right to a healthy environment was violated by facilitating permits to fossil energy companies without any type of control, contributing to climate change and its toxicity.
If the complaint itself represented a challenge, with numerous obstacles and low goals in its investigation -seeing the complainants testify in the trial last June was a shock for the dominant gerontocracy-, the sentence of Judge Kathy Seely caused a sensation yesterday at align with the arguments of the complainants.
The magistrate ruled that state agencies violate Montana’s constitutionally recognized right to a clean and healthy environment by allowing the development of the fossil energy industry without calculating the effects on the climate.
This is the first decision of its kind in the United States, which joins a contingent of decisions in which the Government’s obligation to protect citizens against global warming is established.
In her ruling, Judge Seely described as unconstitutional the policy used by the state to assess fossil fuel requirements, which does not allow for the impact of greenhouse gas emissions to be considered.
“Montana emissions and climate change have been shown to be important in causing climate impacts on the Montana environment and causing harm and injury to youth,” he wrote.
The state’s lawyers asked for “acquittal” because these emissions, in the global context, are so small that they hardly count.
The magistrate pointed out that state agencies have to take these effects into account before granting these licenses. However, it is up to Montana legislators to determine how they comply with this decision, which the state has already indicated its willingness to appeal.
This victory will mean, according to experts, a strengthening of the environmental movement and will bring another configuration to climate disputes throughout the country, marking the beginning of numerous cases or unblocking existing ones.
This ruling represents a rare victory for activists who have tried to use the courts against pro-industry government policies that are causing grave harm to the planet.
Montana’s young whistleblowers had an advantage in their case. The state Constitution explicitly recognizes the right to a clean and healthy environment. And therein lies his victory. “This is a turning point for the efforts of a generation to save the planet,” said a lawyer for the winners.
